STATE v. CATHCART

No. COA12-1478.

742 S.E.2d 321 (2013)

STATE of North Carolina v. John G. CATHCART, Defendant.

Court of Appeals of North Carolina.

May 21, 2013.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III by Assistant Attorney General Carrie D. Randa , for the State.

Law Offices of J. Darren Byers, P.A., Winston-Salem, by J. Darren Byers , for defendant-appellee.


STROUD, Judge.

The State appeals from an order entered 5 November 2012 by the Superior Court, Forsyth County, granting a motion to suppress breath test results from an Intoximeter EC/IR II on the grounds that the analyst failed to follow the testing procedure outlined in N.C. Gen.Stat. § 20-139.1 and N.C. Admin. Code tit. 10A, r. 41B.0322. For the following reasons, we reverse.

I. Background

On 14 October 2010, John Cathcart ("defendant") was...

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